JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: MAINRAY NOMINEES PTY LTD -v- STOATE [2025] WASC 145 (S)
CORAM: GETHING J
HEARD: ON THE PAPERS
DELIVERED : 23 MAY 2025
FILE NO/S: TRU 13 of 2024
BETWEEN: MAINRAY NOMINEES PTY LTD
Plaintiff
AND
KATJA ELIZABETH STOATE
NEVE JENNIFER CAMPION
MANON YVONNE STOATE
JACK EDWARD CAMPION
BRONTE ELIZABETH CAMPION
First Defendants
JONATHON MICHAEL STOATE
MEREDITH NANCY CAMPION
Second Defendants
Catchwords:
Trusts - Trustees - Judicial advice - s 92 Trustees Act 1962 (WA) - Advice given - Whether beneficiary who initially opposed the orders sought is entitled to their costs from trust funds
Legislation:
Trustees Act 1962 (WA) s 92
Result:
Costs issues reserved to trial judge in CIV 1961 of 2024
Category: B
Representation:
Counsel:
| Plaintiff | : | Mr M M Cuerden SC with Mr M Keating |
| First Defendants | : | Mr S Penglis SC with Mr N Gentilli |
| Second Defendants | : | Mr S Penglis SC with Mr N Gentilli |
Solicitors:
| Plaintiff | : | Pragma Lawyers |
| First Defendants | : | Jackson McDonald |
| Second Defendants | : | Jackson McDonald |
Case(s) referred to in decision(s):
Application of Macedonian Orthodox Community Church St Petka Incorporated (No 4) [2007] NSWSC 254
Blatchford v Laine [2018] WASC 207
Buckton v Buckton [1907] 2 Ch 406
Campbell v Glasgow (1919) 27 CLR 31
Elders Trustee & Executor Co Ltd v Eastoe [1963] WAR 36
Hiddlestone Electrics Pty Ltd v Civic Legal Pty Ltd [2025] WASC 172
Hughes v St Barbara Ltd [2011] WASCA 234 (S)
In re Halston [1912] 1 Ch 435
Kalx Capital Securities Pty Ltd v Richardson 1 Pty Ltd [No 2] [2021] WASC 302 (S)
Latoudis v Casey (1990) 170 CLR 534
Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66
Mainray Nominees Pty Ltd v Stoate [2025] WASC 145
Manton Enterprises Pty Ltd as trustee for GPK No 2 Trust v Lt Market St Pty Ltd [2021] WASC 4 (S)
Marley v Mutual Security Merchant Bank (1991) 3 All ER 198
Myra Pty Ltd v Thompson [2011] WASC 230 (S)
Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164
Porteous v Rinehart [1998] WASC 270; 19 WAR 495
Re Grose (1949) SASR 55
Re Mary Donal Nominees Pty Ltd as trustee for the D J MacCormick Family Trust; ex parte Mary Donald Nominees Pty Ltd as trustee for the DJ MacCormick Family Trust [No 2] [2024] WASC 284
Strzelecki Holdings Pty Ltd v Jorgensen [2019] WASCA 96
Tsaknis as Executor and Trustee of the Estate of Geoffrey Douglas Roland Lilburne (Dec) v Lilburne [2010] WASC 152
GETHING J:
Introduction
In a decision published as Mainray Nominees Pty Ltd v Stoate[1] (Primary Decision) I provided judicial guidance to Mainray Pty Ltd (Mainray) in its capacity as trustee of the Talgarno Trust (Trust). Some costs issues…
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- Case
- [2025] WASC 145 (S)
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation of section 92 of the Trustees Act 1962 (WA), which pertains to the giving of advice by a judicial officer to trustees. Specifically, the court had to determine whether the beneficiary was entitled to costs from the trust under this section. The court also examined whether the beneficiary's initial opposition to the orders could affect their entitlement to such costs.
In its reasoning, the court held that a beneficiary who opposes orders and subsequently seeks costs from the trust must be assessed on a case-by-case basis. The court noted that section 92 does not automatically entitle a beneficiary to costs from the trust, regardless of their stance on the orders. The court emphasised the importance of the beneficiary's conduct and the nature of the advice given. Ultimately, the court found that the beneficiary was not entitled to their costs from the trust funds, as their initial opposition and the specific circumstances of the case did not warrant such an entitlement under section 92 of the Act.
The court's decision clarified the conditions under which a beneficiary may seek costs from trust funds and reinforced the principle that each case must be considered individually. The orders of the court confirmed that the beneficiary was not entitled to their costs from the trust funds.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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